However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On February 13, 2020, the Defendant, along with the victim B (name, do, 27 years of age), who is a new member of the same company, and C, who is an employee of the same company, together with the main place located in Suwon City D, carried out drinking together with the victim C, who was only withdrawn, and was accommodated with the victim on February 14, 2020, and 00:0 on February 14, 2020.

At around 00:10 on the same day, the Defendant exceeded all clothes of the victim under the influence of her mother, and tried to have sexual intercourse with the victim by drinking the victim's chest by drinking the victim's chest, but the victim did not have such intent with the wind coming from the shoulder or the her mother room.

Accordingly, the defendant attempted to have sexual intercourse by taking advantage of the victim's state of impossibility to resist.

Summary of Evidence

Defendant’s legal statement

1. Police suspect interrogation protocol of the accused;

1. Protocols of seizure of police officers, list of seizure, and reports on genes in relation to B (tentative name) and C;

1. 112 Application of Acts and subordinate statutes of the 112 Report Processing Table;

1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. An order to disclose and notify information, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 17338, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); the proviso to Article 59-3(1) of the Act on Welfare